WINDSOR V. UNITED STATES 699 F.3d 169 (2nd Cir. 2012) CASE BRIEF

WINDSOR V. UNITED STATES
699 F.3d 169 (2nd Cir. 2012)
NATURE OF THE CASE: The United States (D) appealed a summary judgment in favor of Windsor (P), a surviving spouse of a same-sex couple that was married in Canada and resided in New York and was denied the benefit of the spousal deduction for federal estate taxes under 26 U.S.C.S. 2056(A).
FACTS: P sued D seeking a tax refund because DOMA singled out legally married same-sex couples for 'differential treatment compared to other similarly situated couples without justification.' P was the executor of the estate of her deceased same sex spouse. The couple was married in Canada and resided in New York. P was denied the tax benefit of spousal deduction for federal estate taxes. The court held that DOMA was a violation of due process guarantees of the Fifth Amendment. The United States (D) appealed.

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